HomeMy WebLinkAboutOrdinance 1341 N BUUK 589 PAGE315 FILED FOR RECORD
N
ORDINANCE NO . 1341
n A Q yen
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 12 94 Ag EviAIZONING
DISTRICT MAP OF FAYETTEVILLE , ARKANSAS , APPRQVS:D. (MAycZ8gyl962 , TO
A '1 '
REZONE CERTAIN REAL ESTATE FROM R - lA SINGLE - FALLMILY 'RESIDENTIAL
O DticCOWELL
DISTRICT TO I- 1A LIGHT INDUSTRIAL DISTRICT . CIRCUIT CLERK
WHEREAS , a public hearing was held before the Planning Commission of the City of
Fayetteville , Arkansas , on February 12 , 1963 , on the petition of Austin Par.is.h and
Ethel R . Parish, husband and wife , acting in their own behalf, as well as in the behalf
of Julius Hellums , Elizabeth Hellums and W . H . Falls , requesting that said Planning
Commission recommend to the City Council of the City of Fayetteville , Arkansas , that
said City Council enact an ordinance rezoning the following described property , to- wit:
A part of Lot Four (4) in Evins Farm , as designated upon the recorded plat of said sub-
division filed March 22 , 1907 , and recorded in Plat Book , Page 53 , in the office of the
Circuit Clerk and Ex- Officio Recorder for Washington County , Arkansas , being more
particularly described as beginning 104 feet South of the Northwest corner of the North-
west Quarter ( NW 1 / 4) of the Southwest Quarter ( SW 1 / 4) of Section 4, Township 16 North ,
Range 30 West of the Fifth Principal Meridian, thence South 556 feet; thence East 660
feet; thence North 556 feet to the Southeast corner of the lands heretofore conveyed to
William J. Prince and Betty Lou Prince by W . H . Falls and Nettie Falls , by warranty
deed dated July 20 , 1955 , and recorded in Deed Record Book 477 , at Page 184 , in the
office of the Circuit Clerk and Ex- Officio Recorder for Washington County, Arkansas ;
thence West 660 feet to the point of beginning , and less that portion lying in right- of- way
of State Highway No . 112 as presently located, and subject to an easement for roadway
Ten ( 10 ) feet of equal and uniform width on the South and East side of. said property as
reflected on the above- mentioned plat , from R - 1A Single- Family Residential District
to I- IA Light Industrial District .
WHEREAS , a notice of said public hearing , setting forth the date , time , place and
purposes of hearing , and location of property was published in the Northwest Arkansas
Times , a newspaper of general circulation in said City , more than 15 days prior to the
said public hearing , and
WHEREAS , following said public hearing , said Planning Commission certified to the
City Council of the City of Fayetteville , Arkansas, its recommendation that an ordinance
be adopted rezoning the above - described property from R- 1A Single - Family Residential
District to I- lA Light Industrial District , conditioned on the Ozarks Electric Cooperative
Corporation agreeing to covenants restricting the use of the above- described property as
an operations center of the Ozark Electric Cooperative Corporation; that said organization
shall maintain said property and any structures hereafter located thereon in accordance
with the usual and customary community standards ; and that in the event said property be
abandoned, sold or otherwise disposed of by Ozarks Electric Cooperative Corporation ,
the City Council of the City of Fayetteville , Arkansas , shall have the right to reconsider
the rezoning of said property as provided by law .
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE , ARKANSAS : MK.ROFlLMj 10
DATE loC
eoaK 589 PAGE316
Ordinance No . 1341 - 2 - March 11 , 1963
SECTION 1 . That the above - described property presently zoned as R - lA Single -
Family Residential District be , and the same is hereby rezoned to I- lA Light Industrial
District .
SECTION 2 . That all ordinances or parts of ordinances in conflict herewith are
hereby repealed, and this ordinance shall be in full force and effect from and after its
passage , approval and publication, upon proof that the above- mentioned covenants have
been properly filed and recorded , with the property described in said covenants by
metes and bounds , as illustrated in this Ordinance , and further that the covenants shall
provide that the City of Fayetteville , Arkansas , shall have authority to bring suit, to
enforce said restrictive covenants .
PASSED AND APPROVED THIS 11th day of March , 1963 .
APPROVED:
GUY E . BROWN , MAYOR
ATTEST :
GEORGE r. DAVIS , CITY CLERK
soak 589 �A�E317
CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
I , GEORGE J . DAVIS , City Clerk within and for the City of
Fayetteville , Arkansas , do hereby certify that the annexed and
foregoing is a true and correct copy of thlt'
//�/ / GSL
lam. O & �, ' /
� C. therein set forth , and
the same is as it appears of Record in PROCEDURE OF CITY
COUNCIL RECORD , Volume G at Page dj1Vr thereof.
IN WITNESS WHEREOF , I have hereunto set
my hand and affixed my official seal this
�r �4day of , 19 44:9,9
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STATE of ARKANSAS 1
• ' ' - County of Washington 1 as.
____ U}r_Q _ _ hereby certify that I
am the ( ) (man er) ) of THE NORTHWEST
ARKANSAS TIMES, a daily newspaper having a second class mailing pri-
vilege, and being not less than four pages of five columns each, published
at a fixed place of business and at a fixed (daily) intervals continuously in
the City of Fayetteville, County of Washington, Arkansas, for more than
a period of twelve months, circulated and, distributed from an established
place of business to subscribers and readers generally of all classes in the
City & County for a definate price for each copy, or a fixed price per
annum, which price was fixed at what is considered the value of the pub-
lication, based upon the news value and service value it contains, that at
least fifty percent of the subscribers thereto have paid cash for their sub-
scriptions to the newspaper or its agents or through recognized news deal-
ers over a period of at least six months; and that the said newspaper pub-
lishers an average of more than fourty percent news matter.
I further certify that the legal notice hereto attached in the matter of
--- ------ A - ------� --/-----
was published in the regular daily issue of said newspaper for ----
oascoe;Aive insertions as follows: �/!J/,,7 ] _
The first insertion on the _� __ day of /_C_(_NC)•__ 191a__
the second insertion on the --- ---------- day of ------------- 19_--_-_
the third insertion on the _ _ day of ------------ 19______
and the fourth insertion on the ----------- day _ _ - 19 ----
Sworn nd. subscribe 1
d before o e me on this _-!1_______ day of ______
1 Notary Public
My commission Expires:
Fee for Printing . . .
Cost of Proof . . . . .
Total . . . . . . . $
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i"i:t
ORDINANCE NO, 1241 'WHEREAS,following sold public
AN ORDINANCE A M E N D I N G hearing, sold Planning Commission
ZONING ORFINANCE NO. 1239, certiN to the City Council of the
AND REVI ED ZONING DIS- City L ..'A . teville, Aran as. ita
TRICT 'MAP OF FAYETTEYILLE, recom��0p..e�ndaUon that an ordinance
pAKANSASsAPPROVED MAY 28, : he add'- e`di [ezonleg ;t;4he above-
1962, TO REZONE CERTAIN REAL desc� roperty from R-IA Sin-
ESTATE FROM R-IA SINGLE- ggle- } '.ResI enttai� Diatrict to
FAMILY RESIDENTIAL DISTRICT V Lig�tt: Industrtal tAstrlef, con-
TO I•lA LIGH,&INDUSTRIAL DIS- ditioned-:on the Orarks*$ice is Co-
TRiCT ',A ,. operative. Corporation, " racing to
WHEREAS. atAubllc hearing "a covenants`ribed p e as of the
held before � PRu1nning Commis- above-described prop a• an op-
sion of the Clay�otpraYetteville. Ar- eratlons center of` lh rk ELhat
kansas, on Fe�tiru'ky 12, 1963, on the frit Cooperative Co ion;
petition of-Au0A%Piriah and Ethel ;said 'organization in. in said
aParlsh,rhtigtand ,and wife, act- prltpee,rty and any' str' res here-
Ing M their ewnibehalf, as well as '�91ter 'Iogated. thereon ty accordance
in the behaikulv'Jullus Hellums, s4_Ith' the- usual and customary mm-
Elizabeth .l�e71�},m� s an W. H. Falls, unity standards: and that In the
requesting}I tlRt said Planning event skid property be .
Commissi n�ec mend to the City sold or otherwise :dt6pp��sed of by
Council of g.� ily of Fayetteville, Oierke Electric Coope�6tive Cor-
council
e. said City Council poration, the it Counh11 of the
follow? , ascribed ibed propert1I rkansas.
y, toe shall have the of ayer ' ecop ider-
wit: A $iii' of Lot Four (4) In the rezoning of as 7 ape rtY as
Ev1ns 'Fa>otila9 designated upon the provided by law.
record'ea�iip of said sub-division NOW, TREREFOAE. HE IT OR-
filed March 22, 1907. and recorded DAINED BY TRE CITY COUNCIL
in Plat Book, Page 53, In the office OF THE Cl TY OF PAYE- EVIIS.E,
of the Circuit Clerk and Es-Officto ( ARKANSAS:
Recorder for Washington County, SECTION 1. That tTc above-de-
Arkensas, being more particularly I scribed property pre tly zoned
described as beginning 104 feet as R-IA Single•Fami ii ishereby
South of the Northwest corner of : � District Ue, end the ea Industrial
the Northwest Quarter (NW45) of ' rezoned to I-lA , Lig
Ithe Southwest Quarter (SWIM Of District.
Section 4, Township 16 North,
SECTION 2. That el [dinances
Range 30 West of the Fifth Princi- or parts of ordinancea9 n conflict
'pal Meridian, thence South 356 herewith are hereby repealed. and
.feet: thence East 660 feet: thence this ordinance shall be in! full force
!North 556 feet to the Southeast and effcorneect from end site[ Sts Paz-
North and p blie tion, upon
'veyed of the lands Prince
con- sage, app 4 $
veyed toInceWilliam J. Prince and Bet- proof that the a ve-mentioned
'qty Lou Prince by W: H. Falls and covenants have been properly filed
Nettie Fella, by warranty deed and recorded, with the properly
dated July 20, 1955; an$"recorded in described In said covenants by
Deed Record Book. "477, at Page , metes and bounds,nd fuas rtherthatin
184, in the office of the Circuit )this Ordinance,
Clerk and Ex-Officio 'Recorder for the covenants shall provide that
Washington C o u n t y, Arkansas: the City of Fayetteville. Arkansas,
thence West 660 feet tp the point shall have authority to bring suit
of beginning, and leas that portion to enforce said restrictive cove-
lying in right-of-waY of State High- nants.
way No. 112 as presently located„ PASSED AND APPROVED THIS
and subject to an • easement for lith day of March, 1963.
roadway Ten (10) feet of equal and APPROVED:
BROWN-
uniform width on the South and GUY E. BROWN, MAYOR
East aide of said property as re- ATTEST:
Elected on the above-mentioned GEORGE J. DAVIS, 15-IL-a�
plat, from R-IA. Sin le-Family City Clerk
Residential District to 11A Light
Industrial District.
WHEREAS, a notice of said pub-
lic hearing, setting forth the date.
time, place and purposes of hear.
Ing and location of property Was
published in the Northwest Arkan-
sas Times, a newspaper of general
circulation in said City. more than
15 days prior to the sold public
hearing. and